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THE 

SPORTSMEN'S 
LAWYER 



M.- 



THE 

SPORTSMEN'S 
LAWYER 




PRICE: FIFTY CENTS 



171 



■VI 



COPYRIGHT 1919 

By E. HOLMBERG 



©CI.A530821 



SEP 



^ INDEX 

Preface 5 

Biographical Sketch 6 

Game Laws 7 

Enforcement 7 

Fish Laws 8 

Trapping Laws 8 

Exemptions 8 

Federal Law 9 

Migratory Bird Treaty 9 

Partnerships 11 

Articles of Co-Partnership 12 

Commercial Corporations 13 

Sportmen's Societies 15 

Game Laws of the Several States 17 

Dominion of Canada 19 



— 3 



PREFACE 

The preparation of this booklet has been made by careful 
study, and for the purpose of adding to the sportmen's library a 
new book on a subject not heretofore written on by any other 
lawyer or author of sportmen's publications. 

The author of this book has undertaken to give to the sports- 
men brief and complete information of the law along the lines 
of which the hunter, sportsmen and outdoormen are chiefly in- 
terested, and to guide them in a plain, easy and understandab 
way. The use of the hard and technical terms have been avoided 
as far as possible and practicable for the benefit of its readers. 

The ambition of the author is to write a more detailed work 
on this subject, but this being his first work on any subject of 
law, and capital ratheri small, so circumstances would not permit 
but an ordinary and brief work on the subject at present. 

We hope that the readers will find this book interesting and 
profitable, since the author has made his best endeavors to make 
it a full and concise work. 



— 5 — 



BIOGRAPHICAL SKETCH 

E. Holmberg was born on a small garden farm in Chicago, 
Illinois, January 8, 1893, and shortly after moved with his parents 
to another garden farm in the Town of Norwood Park, just outside 
the city limits of Chicago, where he lived with his parents for 
seven years. At the age of eleven years, he again moved with 
his parents to another garden farm in the Town of Leyden, Cook 
County, Illinois, and there finished his public school studies. 

He organized with the young fellows of his community, and 
became the most active member of the Leyden Pleasure Club, 
Monitor Shooting Club and the Co-Operative Pleasure Club. 

In the year of 1912 he enrolled in the American Corres- 
pondence School of Law, for a three year course of law instruc- 
tion, and graduated from the same in March, 1915. 

In the year 1914 he was commissioned a Notary Public for 
Cook County, Illinois, which was his first public office. 

January 3, 1916, he moved to Hammond, Indiana, and there 
started a business of collecting accounts, and later the same year 
went into the real estate and insurance business. 

On September 5, 1916, he passed the county bar examination 
of Lake county, Indiana, and was admitted to practice law in all 
courts of county jurisdiction and on December 11, 1916, he was 
admitted to practice in the Supreme Court of the State, and on 
April 18, 1917, he was admitted to practice in the District Court 
of the United States. 

In 1917 he enrolled in the U. S. Naval Reserve Force and 
served at sea throughout the German-American War, and was 
released from active service on June 10, 1919. 



— 6 — 



GAME LAWS 

Game laws have been passed and are in existence and enforce- 
ment in every state of the United States and Canada, and are 
usually styled and called "Acts for the Protection of Game, etc." 
These laws prescribe rules and regulations for obtaining hunting 
Hcenses and the like, and sets the season for hunting, fishing 
and the like, and makes any violation a misdemeanor, and punish- 
able by fine or imprisonment. 

ENFORCEMENT 

Game laws are enforced by officers provided for in the gen- 
eral game laws of the several states. These officials are appointed 
by the executive authorities of the states for that purpose. The 
superior game protection officials have stated compensation and 
are always on duty. The lower officials have in some states stated 
compensation, and in some per diem, in some certain fees or mile- 
age for their services, and in some states a portion of the fines 
recovered on arrests. These officials are usually called game 
wardens, special deputy game wardens, etc. The game laws are 
also enforced by such other officials as States Attorneys, Prosecut- 
ing Attorneys, Sheriffs, Supervisors, Justice of the Peace, Consta- 
bles, and other conservators of the peace of smaller municipalities 
and political divisions of the state as the law may direct. 

Actions under the game laws are commenced by complaint 
of an officer or an individual before a Justice of the Peace or 
other court of proper jurisdiction, whereupon a warrant will be 
issued for the arrest of the person accused, but if the offense 
was committed in view of an officer, the arrest shall be made 
without warrant. Search warrants may be issued against any 
person or place upon affidavit and complaint of any officer or 
person that he believes and has reason to believe that a certain 
person has in his oi^ her possession unlawful game, etc. Arrest 
may not be made by a person not an officer, but warrants may 
be sworn out by any person, and in such case such person is liable 

— 7 — 



for costs if the action is wrongful, but where an officer makes 
an arrest there is no liability for costs. 

FISH LAWS 

Fish laws are in force in every state in the union regulating 
the sizes, bag limit, season, etc. 

In some states the fish laws are a part of the general game 
laws of the state, and in some states they are seperate, and 
special officers enforce them, and in such cases the game pro- 
tection officers have no authority over them execept as a private 
citizen, though such officers as conservators of the peace, etc., 
have authority over the fish laws as in the game laws. Individuals 
may obtain warrants against offenders of the fish laws. 

TRAPPING LAWS 

The laws regulating the trapping of fur bearing animals, is 
an exception to the general game and fish laws, but it comes so 
close that every sportsman is more or less interested in its regu- 
lation. These laws, however, are not ordinarily published and 
distributed in pamphlets as are the game laws, but are found on 
the statute books of the various states. They are enforced as 
ordinary laws, but their enforcement is not as strongly attempted 
as that of the general game laws. 

Animals embraced in the general game laws and not specifically 
mentioned in the trapping laws are subject to the provisions of the 
general game laws, regarding season, bag limit, enforcement, etc. 

EXEMPTIONS 

One is exempt from punishment under the game laws if done 
in self defense, as in any other branch of the law. Farmers may 
kill protected game when causing damage to his crop or other 
property, and this right exists even if not mentioned in the game 
laws. This is a general principle of law, and is an inalienable 
right existing under the bill of rights in the constitution of the 
United States, and the constitutions of the various states. 



FEDERAL LAW 

Game laws are passed by the legislatures of the various states, 
and have not been subject to federal authorities, though as an 
exception to this course, congress did pass an act known as "The 
Migratory Bird Law." 

MIGRATORY BIRD TREATY ACT 

The migratory bird treaty act is a treaty between the United 
States and the Kingdom of Great Britain and Ireland. This act 
was approved and became effective July 3, 1^18, for the protec- 
tion of the migratory birds between the United States and Canada. 

Article 1 of this treaty provides for the protection of certain 
migratory birds as follows : 

Migratory game birds — 

Waterfowl, brant, wild ducks, geese, swan, cranes, sandhill, 
rails, coots, gallinules, limicolea, avocets, culew, dowitchers, god- 
wits, knots, plovers, sandpipers, snipe, woodcocks and yellowlegs. 

Migratory insectivorous birds — 

Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers, 
grosbeaks, humming birds, kinglets, martins, meadow larks, night- 
hawks, orioles, robins, swallows, swifts, tanagers, titmice, thrushes, 
vireos, warblers, wax-wings, whippoorwills, woodpeckers, wrens, 
etc. 

Migratory non-game birds — 

Auks, auklets, bitterns, fullmars, gannets, grebes, guillenots, 
gulls, herons, jaegers, loans, mures, petrels, puffins, shearwaters 
and terns. 

The closed season on migratory birds shall be from March 
10 to September 1, except that closed season on limicolae or shore- 
birds in the Maritime Province of Canada and in those states of 
the United States bordering on the Atlantic Ocean which are 
situated wholly, or in part, north of the Chesapeake Bay, shall 
be between February 1 and August 15. 

The closed season on migratory insectivorous birds shall con- 
tinue throughout the year. 

— 9 — 



The closed season on migratory non-game birds shall con- 
tinue throughout the year, except that Eskimos and Indians may 
take at any time auks, auklets, guillemots, mures and puffins and 
their eggs, for food and skins for their clothing, but the birds and 
eggs so taken shall not be offered for sale. 

Section 5 of this Act provides, that any employee of the 
Department of Agriculture authorized by the Secretary of Agri- 
culture to enforce the provisions of this act shall have the power, 
without warrant, to arrest any person committing a violation of 
this act in his prese^ice or view and to take such person immediately 
before an officer or court of competent jurisdiction. The several 
judges of the courts, established under the laws of the United 
States, and United States commissioner may, within their respective 
districts, upon proper oath or affirmation showing probable cause, 
issue warrants in all such cases. All birds, or parts, or nests, or 
eggs thereof, captured, killed, taken, shipped, transported, carried, 
or possessed contrary to the provision of this act or of any regu- 
lation made pursuant thereto shall, when found, be seized by 
any such employee, or by any marshal or deputy marshal, and upon 
conviction of the offender, or upon the judgement of a court of 
the United States that the same were captured, killed, taken, 
shipped, transported, carted or possessed contrary to the pro- 
-visions of this act, or of any regulation made pursuant thereto, 
•shall be forfeited to the United States and disposed of as directed 
Iby the court having jurisdiction. 

Section 6 of this act provides, that any person, association, 
partnership or corporation, who shall violate any of the pro- 
visions of this act, who shall violate or fail to comply with any 
regulation made pursuant thereto, shall be deemed guilty of a 
misdemeanor, and upon conviction thereof, shall be fined not more 
Ihan $500 or be imprisoned not more than six months, or both. 

Complete copies of this act, containing 11 pages, may be 
-olDtained free of charge by application to the Department of Ag- 
riculture, Washington, D. C. Also other Federal Acts, as made 
from time to time, may be obtained by application to the Depart- 
ment of Agriculture, Washington, D. C. 



— 10 



PARTNERSHIPS 

Introduction : Partnerships are of very old origin, and is a 
compound of the Roman Civil law, law merchant and the common 
law. Partnerships in Ancient Roman times usually shared 
profits according to contribution, but in modern times the custom 
is (and in most states by law) that they share equally unless the 
articles of co-partnership provides that they share according to 
contribution. Partnerships are created by contract of two or 
more persons competent to contract, also the contract must be 
acted upon in order to constitute a partnership. Partnerships 
are of various sorts as, ordinary partnerships, limited partnerships 
and limited partnership associations. 

An ordinary partnership is the original form created merely 
by contract, and each member is severally liable for the full 
amount of firm liabilities. 

A limited partnership is also created by contract, but may 
be classed as a quasi-corporation and resembles a corporation in 
this respect that a limited partnership must be registered with 
the Secretary of State and recorded in each county in which the 
partnership does business. There are two sorts of partners in 
a limited partnership, viz. : general and special partners. There 
must be one or more general partners in a limited partnership 
who are liable for the full amount of firm liabilities. The general 
partners also has the management of the business. Special part- 
ners do not take an active part in the management of the business, 
and are only liable for firm liabilities to the amount of their in- 
vestment, and share profits according to provisions of the articles. 

Limited partnership associations are in existence in Ohio 
under statute, but resembles a corporation more than a partner- 
ship, as they are formed of not less than three nor more than 
25 members, and hold meetings and elect officers as a corporation, 
but they resemble a partnership in this that they are liable for 
firm debts and share profits as a limited partnership. 



— 11 — 



ARTICLES OF CO-PARTNERSHIP 
Short form for ordinary partnership 

Articles of co-partnership made at the City of Hammond, 
Lake County, Indiana, this Sth day of July, 1919, A. D., by and 
between John Doe and Richard Doe, both of the city aforesaid. 

Witnesseth, that the said parties, above named, have agreed to 
become co-partners in business, and by these, do become co-partners 
together, under the firm name and style of Forest Trapping Com- 
pany in the business of the trapping of fur bearing animals in 
the County of Lake and the State of Indiana, such co-partnership 
to commence on the first day of September, A. D., 1919, and con- 
tinue for a period of five years and until such partnership shall 
be dissolved by mutual agreement of the parties hereto. 

Each of the parties shall contribute the sum of $50.00, and 
such other sums as may from time to time be added by mutual 
agreement, to be used in common between them, for the support 
and management of the said business. 

And it is agreed that at all times during the continuance of 
this co-partnership, they and each of them, will give their attend- 
ance, and use their best endeavors for their joint interest, profit 
and advantage. And also that all profit and losses that shall 
arise from said business, shall be shared in proportion to their 
interests between them. 

And it is further agreed by the partners hereto that accurate 
books of accounts shall be kept, and that on or about the first 
day of each year, inventories shall be taken, showing property, 
assets and liabilities of the firm, and a copy of such inventories 
shall be furnished each partner. Five days' time shall be allowed 
for examination, and in case of objection by either partner, such 
objection shall be submitted to arbitration. 

In Witness Whereof, we have hereunto set our hands and 
seals the day and year above written. 
Signed and sealed in presence of 

- (Seal) 

(Seal) 

— 12 — 



COMMERCIAL CORPORATIONS 

Commercial corporations may be established for any lawful 
purpose by articles of incorporations, filed with the Secretary of 
State (together with the fee of corporation), stating name, object, 
amount of capital stock, and who shall be officers and directors 
for the first year, and when the articles of incorporations are filed 
and charter obtained, the charter, articles of incorporation, and 
by-laws must be recorded in each county where the corporation 
is to do business. 

The by-laws are made by the corporation itself, and must 
conform with the charter and articles of incorporation, but may 
be amended at any time by the corporation itself. The articles 
of incorporation can only be amended by amendment to the char- 
ter on application to the Secretary of State. 

BY-LAWS OF A CORPORATION 

Article 1. The name of this corporation shall be 

and its place of business shall 

be in 

Article 2. The object for which this company is formed is 
to own and operate a business 

Article 3. The capital stock of this company shall be 

divided into shares of 

each, to be fully paid and non-assessable. 



Article 4. The terms of existence of this company shall be 
fifty years. 

Aricle 5. The officers of this company shall consist of a Presi- 
dent, Vice-President, Secretary, Treasurer, and a Board of Direc- 
tors of Members, who shall be elected and hold office for one year, 
and until their successors are elected and qualified. 

Article 6. The board of directors shall have and be vested 
with the powers to make proper regulations for the corporate 
business, to provide for the holding of periodical and special meet- 

— 13 — 



ings and to employ agents and such employees as they may deem 
proper for the management of the business. 

Article 7. A majority of the board of directors shall consti- 
tute a quorum to do business. 

Article 8. The officers of this company shall have no compen- 
sation, except as provided by the Board of Directors, and ratified 
by a majority vote of the stock present at the annual meeting, or 
any special meeting of the stockholders for that purpose. 

. Article 9. The annual meeting shall be held on the 



of each year, at such time and as the 

Board of Directors may direct, for the purpose of electing officers 
for the ensuing year, and to pass on such other business as may 
properly come before the meeting. 

Article 10. Special meetings of the stockholders may be 
called at any time by resolution of the Board of Directors and 
notification, according to law, provided that the purpose of the 
meeting shall be fully stated in such notice, and nothing else shall 
come before the meeting. 

Article 11. At the stockholders meetings, each stockholder 
shall have one vote for each share of stock held in the company. 

Article 12. Meetings of the Board of Directors shall be called 
by the President or one or more of the Directors, by giving notice 
to the full Board as to time, place and purpose of the meeting. 

Article 13. The seal of this company shall be circular disc 
upon which shall appear the words 

" Name of Company " 

arranged in a circle, with the words "Corporate Seal" in the cen- 
ter, and arranged so as to make an impression on paper. 

Article 14. These articles may be amended at the annual 
meeting or any special meeting of the stockholders for that pur- 
pose, by a majority vote of all stock represented or present at 
such meeting. 



— 14 — 



SPORTMEN'S SOCIETIES 

Clubs and societies for hunting and other outdoor sports 
may be organized and be incorporated as other corporations, by 
articles of incorporation filed with the Secretary of State. They 
necessarily do not need to be incorporated, but the act of incor- 
poration prevents other organizations to afterwards use the same 
name within the state. However, if they are not incorporated, 
the members are liable for liabilities as in an ordinary partnership. 

BY-LAWS 
Preamble 

For our mutual improvement and benefit in the line of hunt- 
ing and outdoor sports, and the cultivation of fellowship and good 
feeling among us, we, the undersigned, do form ourselves \ 
an association as hereinafter set forth. 

Article 1. The name of the association shall be 

and its purpose shall be 

to promote fellowship among the members, establish outing re- 
sorts for members, obtain permission from landowners for the 
hunting and other conveniences of the members and to assist the 
state in bringing to justice all offenders of the game and fish laws 
of the state. 

This association shall operate in the County of Lake and the 
State of Indiana. 

Article 2. The officers of this association shall consist of 
a President, Vice-President, Secretary, Treasurer and an Executive 
Committee of three members. 

Article 3. — 

Section L It shall be the duty of the President to preside 
at all meetings, enforce a due observance of the by-laws, decide 
all questions of order, call all special meetings, appoint committees 
not otherwise provided for, sign all treasury orders and fill all 
vacancies that may arise. 

Section 2. The Vice-President shall, in the absence of the 
President, perform the duties of the President. 

Section 3. It shall be the duty of the Secretary to keep in a 

— 15 — 



book for that purpose, complete minutes of all proceedings, also 
a record with the names and residences and dates of admission 
of members. 

He shall, at the opening of each meeting, read the minutes 
of the last meeting, call the roll and note absences and carry on 
all correspondence. 

Section 4. It shall be the duty of the Treasurer to receive 
all money belonging to the asociation and keep books provided 
for that purpose, accounts of all financial transactions, and at 
the expiration of his term of office, to hand over full accounts of 
receipts and expenditures to his successor. 

Section 5. It shall be the duty of the Executive Committee 
to call special meetings, prepare programs and make inspection 
of the books when deemed proper, all subject to the revision of 
the society on motion. 

Section 6. All officers shall perform the duties herein assigned 
to them, and such other duties as may hereafter be delegated to 
them. 

Article 4, — 

Section 1. All officers provided for in the by-laws shall be 
elected at the annual meeting and shall hold office for one year 
and until their successors are elected and qualified. 

Section 2. Officers elected at the annual meeting shall be 
installed in office at the next meeting of the association. 

Section 3. All elections shall be made by ballot. 

Section 4. Harding's rules of order shall be the authority 
for the conduct of the meetings. 

Section 5. Any of the provisions of these by-laws may be 
amended by two-thirds vote of the members. 

Article 5. — 

Section 1. All members shall, before being admitted, be 
residents of Lake County, Indiana, licensed hunter of at least 
one state. 

Section 2. The initiation fee shall be $25.00, payable at the 
time of initiation, and the annual premium shall be $10.00, pay- 
able at the beginning of each year. 

Section 3. Two negative votes shall debar a candidate from 
becoming a members. 

— 16 — 



GAME LAWS OF THE SEVERAL STATES 

Since the entire volume of the game laws of each of the 
various states, would make this booklet many hundred pages in 
size, and consequently many dollars in price, so we have here- 
inafter inserted a directory of the officials to whom you may 
make application for a free copy of the game laws of your or any 
other state by enclosing return postage. 



STATE 



Federal 

Alaska 

Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illlinois 

[ndiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Massachusetts 

Maryland 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nevada 

Nebraska 



OFFICE 



Dept. of Agriculture 

Dept. of Agriculture 

State Game and Fish Commissioner 

Fish and Game Commissioner 

State Game Warden 

Board of Fish & Game Commis'nr 

State Game and fish Warden 

Secretary of State 

Del. Protective Ass'n 

Secretary of State 

Secretary of State 

Secretary of State 

State Game Conservation Com'nr 

Secretary of State 

State Fish and Game Warden 

State Fish and Game Warden 

Secretary of State 

Secretary of State 

Secretary of State 

Secretary of State 

Secretary of State 

Com'nrs of Fisheries and Game.— 

Secretary of State 

Secretary of State 

Game Commissioenrs 

State Game and Fish Warden 

Nevada Fish Commission 

State Game and Fish Commissioner 



ADDRESS 



Wash'tn, D. C. 

Wash'tn, D. C. 

Montgomery 

Phoenix 

Little Rock 

San Francisco 

Denver 

Hartford 

Willmington 

Tallahassee 

Atlanta 

Boise 

Springfield 

Indianapolis 

Cedar Rapids 

Pratt 

Frankfort 

Baton Rouge 

Augusta 

Boston 

Annapolis 

Lansing 

Saint Paul 

Jackson 

Jefferson City 

Helena 

Carson City 

Lincoln 



— 17 



STATE 



New Hampshire 
New Jersey 
New York 
N. Dakota 
New Mexico 
Ohio 

Oklahoma 
Oregon 
Pennsylvania 
Rhode Island 
S. Carolina 
N. Carolina 
Tennessee 
S. Dakota 
Texas 
Utah 
Vermont 
Virginia 
Washington 
West Virginia 

Wisconsin 
Wyoming 



OFFICE 

Fish and Game Commissioner 

State Fish & Game Commissioner.. 

Chief Game Protector 

State Fish Commissioner 

Secretary of State 

Chief Warden 

State Fish and Game Warden........ 

State Game Warden 

Board of Commissioners 

Commissioner of Birds 

Secretary of State , 

Secretary of State 

Dept. of Game, Fish and Forestry 

State Game Warden „ 

Game, Fish & Oyster Commission.. 
State Fish & Game Commissioner.. 
State Fish & Game Commissioner.. 
State Fish & Game Commissioner.. 

State Fish and Game Warden 

State, Forest, Game and Fish 

Warden 

State Fish and Game Warden 

State Game Warden 



STATE 



Concord 

Trenton 

Albany 

Saint John 

Santa Fe 

Columbus 

Chieckaska 

Forest Grove 

Harrisburg 

Providence 

Columbia 

Raleigh 

Nashville 

Watertown 

Austin 

Salt Lake City 

Stowe 

Richmond 

Bellingham 

Bellington 

Madison 

Landon 



- 18 



DOMINION OF CANADA 

Following you will find a directory of officials to whom you 
may make application for a free copy of the game and fish laws of 
the Canadian provinces. 



PROVINCE 


OFFICE 


ADDRESS 


Alberta 


Chief Game Guardian 


Edmonton 


British Columbia 


Provincial Game Warden 


Vancouver 


Manitoba 


Chief Game Warden 


Winnipeg 
Frederickton 


New Brunswick 


Deputy Surveyor General 


Nova Scotia 


Chief Game Warden 


Halifax 


Ontario 
Prince 
Edwards Islard 


Supt. of Game and Fisheries 

Game Inspector 


Toronto 
Charlattetown 


Quebec 
Saskatchewan 


Minister of Colonization 


Quebec 
Regina 


Chief Game Warden 







19 — 



LIBRftRY OF CONGRESS 



002 890 539 7 4 



